Sate Highway Patrol Stop

Use this forum to post your experience with encounters with law enforcement, criminals, or other encounters as a result of your firearm or potential to be carrying one.

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rkaleda
Posts: 14
Joined: Sat Jul 30, 2005 11:15 pm

Post by rkaleda »

One way around this is to unload the firearm before putting it in the under-seat drawer. The current CHL law deals with loaded,
concealed handguns in vehicles, not with unloaded handguns...

Yeah, yeah, it's a hassle, but it's supposed to be a hassle![/quote]

yes it does but if you have ammo within reach, the gun is concealed and loaded!
SMMAssociates
Posts: 9557
Joined: Mon Jul 04, 2005 1:36 am
Location: Youngstown OH

Post by SMMAssociates »

Rick:

I think the "underseat" compartment, since it can be locked, could be counted as a "console" or "case". There's nothing in the law that prevents a case from being bolted to the car - the only issue is the "plain sight" question. I don't know about that - I've not looked in a Caravan for a while.

(A "console" generally would be "in plain sight" - just another "steal me", IMHO, IANAL, as long as it's lockable.)

Plain sight's a cute one - if you look at drug or concealed carry (prior to HB12) convictions (this isn't original with me), about any hint that the drugs or gun is there is sufficient. Holding CHL holders to a higher standard of visibility seems to be asking for it. 'Course the courts probably would have to rule....

Regards,
Stu.

(Why write a quick note when you can write a novel?)

(Why do those who claim to wish to protect me feel that the best way to do that is to disarm me?)

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rimshotsports
Posts: 31
Joined: Fri Jul 08, 2005 8:41 pm
Location: S/W Ohio
Contact:

Secure it Storage Safe...

Post by rimshotsports »

I own two of these as neither of my cars have a locking glovebox. They are great and easy to access. The site to purchase them is www.aacfi.com/products/secureit.shtml. They are $30 or two for $54 (keyed alike). Great product and a lot more secure than a cloth case with a tiny lock on it.
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rkaleda
Posts: 14
Joined: Sat Jul 30, 2005 11:15 pm

Post by rkaleda »

I would be very interested in where SHP got the console thing. I would not want my freedom ridding on the concept. The law is clear on this. It is good that they are erring in the wrong direction though.
SMMAssociates wrote:Rick:

I think the "underseat" compartment, since it can be locked, could be counted as a "console" or "case". There's nothing in the law that prevents a case from being bolted to the car - the only issue is the "plain sight" question. I don't know about that - I've not looked in a Caravan for a while.

(A "console" generally would be "in plain sight" - just another "steal me", IMHO, IANAL, as long as it's lockable.)

Plain sight's a cute one - if you look at drug or concealed carry (prior to HB12) convictions (this isn't original with me), about any hint that the drugs or gun is there is sufficient. Holding CHL holders to a higher standard of visibility seems to be asking for it. 'Course the courts probably would have to rule....

Regards,
SMMAssociates
Posts: 9557
Joined: Mon Jul 04, 2005 1:36 am
Location: Youngstown OH

Post by SMMAssociates »

Rick:

I think that a locking console is one of the FOPA-ish acceptable storage areas when the vehicle has no trunk. Since it's nominally a glovebox or steal-me anyway, the only issue may be the visibility problem.

Again, the "no trunk" situation doesn't seem to care about visibility if I read that right.

(I definitely ANAL)

Back to the "spirit of the law" and disregarding the poison pill aspects, they're looking (IMHO) for places to store the weapon where the driver can't easily get to it without the Officer able to see the action well. That's what the FOPA rules give you - the weapon's locked up someplace, and empty. It takes a visible move to get to the weapon. Another one to get it "out", and then a third or fourth (depending on your view of whether or not the magazines can be loaded) move to make the gun ready. If the Trooper hasn't got you on the ground with his weapon's barrel screwed into your ear by then, he deserves whatever he gets.... (Well, not really, 'cause I'm a "supporter", but you get the idea.) Since a CHL can use a case or glovebox that's very convenient, but still needs a couple of motions to access (thank's OSP from the carjackers), I would guess that accepting a locking console is merely a definition issue - a permanenly mounted steal-me....

An under-seat compartment that can lock might not fly because of visibility issues, but may be acceptable if there's no lockable glovebox or lockable console.

Am I understanding your question, Rick?

Regards,
Stu.

(Why write a quick note when you can write a novel?)

(Why do those who claim to wish to protect me feel that the best way to do that is to disarm me?)

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TunnelRat
Deceased
Deceased
Posts: 9710
Joined: Tue Jul 05, 2005 9:31 am
Location: Toledo

Post by TunnelRat »

tommcnaughton wrote:One way around this is to unload the firearm before putting it in the under-seat drawer. The current CHL law deals with loaded,
concealed handguns in vehicles, not with unloaded handguns...
rkaleda wrote:yes it does but if you have ammo within reach, the gun is concealed and loaded!
Ahhhh, excellent point!
TunnelRat

"Applying the standard that is well established in our case law, we hold that the Second Amendment right is fully applicable to the States." ~ McDonald v. Chicago

When your only tools are a hammer and sickle, every problem starts to look like too much freedom.
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